"The Robing Room: CA State Judges

Hon. David L. Berry	See Rating Details
Judge Superior Court
San Diego County	See Comments

Attorney Average Rating: 2.4 - 10 rating(s) Non-Attorney Average Rating: 5.0 - 14 rating(s)	Please send me alerts on this judge E-mail Address:

Add your own rating

E-Mail Address ()

* *

Confirm E-mail Address

* * *

Zip

Occupation

Add a comment only

Only items marked with (*) are averaged into the displayed overall rating.

General Rating Criteria

* Temperament		(1=Awful,10=Excellent)
* Scholarship		(1=Awful,10=Excellent)
* Industriousness		(1=Not at all industrious,10=Highly industrious)
* Ability to Handle Complex Litigation		(1=Awful,10=Excellent)
* Punctuality		(1=Chronically Late,10=Always on Time)
* General Ability to Handle Pre-Trial Matters		(1=Not all Able, 10=Extremely Able)
* General Ability as a Trial Judge		(1=Not all Able, 10=Extremely Able)
Flexibility In Scheduling		(1=Completely Inflexible,10=Very Flexible)

Criminal Rating Criteria (if applicable)

* Evenhandedness in Criminal Litigation		(1=Demonstrates Bias,10=Entirely Evenhanded)
General Inclination Regarding Bail		(1=Pro-Defense,10=Pro-Government)
Involvement in Plea Discussions		(1=Not at all Involved, 10=Very Involved)
General Inclination in Criminal Cases Pretrial Stage		(1=Pro-prosecution,10=Pro-defense)
General Inclination in Criminal Cases Trial Stage		(1=Pro-prosecution,10=Pro-defense)
General Inclination in Criminal Cases Sentencing Stage		(1=Pro-prosecution,10=Pro-defense)

Civil Rating Criteria (if applicable)

* Evenhandedness in Civil Litigation		(1=Not at all Evenhanded,10=Entirely Evenhanded)
Involvement in Settlement Discussions		(1=Not at all Involved,10=Very Involved)
General Inclination		(1=Pro-defendant, 10=Pro-plaintiff)

Comments

Please type what you see below:

Not an even number!

What others have said about Hon. David L. Berry

Comments

Litigant

Comment #: CA31590
Rating:10.0

Comments:
You'll notice a lot of the negative reviews are posted by attorneys and not litigants. They also don't specify exactly which type of attorney they are or which area of law in which they appeared in Judge Berry's courtroom. The negative reviews from litigants contain a lot of inflated and charged language and don't include many specifics in their complaints.

Criminal Defense Lawyer

Comment #: CA18709
Rating:1.0

Comments:
By far the worst judge I have ever appeared before. He is rude, abrasive, condescending, and most of all ARROGANT. He loves to always put you in your place on the smallest issues just to let you know he is in charge. He has the biggest ego. NOBODY in the court room likes him including his own staff and other lawyers who appear in front of him. He has a terrible reputation in the legal community. He is not fair or reasonable.
He doesnt know the law but trys to act like he does.

Other

Comment #: CA13200
Rating:2.0

Comments:
Watched this judge clearly misunderstand a parental custody case with SIGNIFICANT documented history of domestic violence. Judge openly speculated about facts, such as how direct deposit dates into bank accounts work. Unfairly discriminated against a minority divorced mother...in favor of a white military father with an expensive lawyer. This judge declared 2 children are STEP siblings (both were born from the same mother), concluding (and stating to the court) that they would not be harmed by not living together or seeing each other again. Very arrogant and unable to discern information without bias. He awarded full custody to a father with a history of domestic violence, because a mother did not file the correct paperwork when she lost her housing and was homeless.

Litigant

Comment #: CA13074
Rating:10.0

Comments:
My children and I have survived for 3 years thanks for this judge - he is very fair, thorough and knowledgeable.

Even though his orders were later reversed by the awful DCSS Comm. Wartsheimer who DOES repeatedly rules against women and children - check google reviews - I am still very thankful for having David Berry as our judge.

I will have to pay my ex half of the child and spousal support ordered by Judge Berry for past 4 years because my ex lied about his income and everything else in court and had Kathleen Young give a false testimony under oath (she lied that I have worked for 15 years but I was a stay at home mom), it was simply a lifesaver in the beginning.

Thank you, Judge Berry for caring about my children more than their father does and more than DCSS commissioners do. God Bless you!

Prosecutor

Comment #: CA12857
Rating:1.0

Comments:
Very difficult temperament varies day to day in demeanor. Rude, entitled, arrogant.

Other

Comment #: CA12856
Rating:Not Rated
Comments:
Definitely feel he hates women, he told me once "crying in my court room won't work" then literally says about other party "see those tears under oath in court room"
He is extremely temperamental, one say nice & understanding, next time total jerk. Would treat me in DV case as if I was a burden and belittling me for tears (this was a very emotional case regarding DV). In end went to long term trial judge who sided with me completely. And definitely did not treat me the way Berry did, the trial judge showed Respect and care for what I had gone thru. And ruled the father have no contact or custody or* visitation. Thank God we went to another judge.

Other

Comment #: CA12686
Rating:2.0

Comments:
Judge Berry is extremely smart and knows laws and that is the only reason that I gave him 2 starts.... he is extremely moody and does not listen to the people in his court room! .. this was not my care BUT I was in his court room waiting for my case and I saw him grant a female a restraining order against her Ex her apparently pouring Boiling water on her. The Ex asked for photos of her skin, scars or anything that would show that her accusations were true.. but she had none. All she had was a photo of water on the floor at her apartment. She was granted the restraining order and now that man has a domestic violence RO. I mean maybe I’m crazy but how is that legitimate? She had no proof of anything and he had several photos of his body with bruises where she had hit him that were completely ignored! He is not a fair judge and seems to meet people and deside who will be the “winner” and the “loser” without actully taking evidence into consideration. ... In my own case he has extended it 4 times now because the opposing party did not have the proper paper work.. nothing is being done to the other party to make them hurry the process and I have now got to court 4 times trying to get divorced yet I’m still married. He’s horrible, has mood swings and is unfair.

Criminal Defense Lawyer

Comment #: CA12685
Rating:1.0

Comments:
Biased to the max. Definitely in the side of the female 100% won’t take the time to listen to you. He think he knows it all.. claims he reads the information on filed but has no clue what’s going on or what the real issues are.

Criminal Defense Lawyer

Comment #: CA12255
Rating:4.9

Comments:
I am a family law attorney and have represented clients in Judge Berry's courtroom at least a dozen of times.

Judge Berry is very smart. He knows the law well. There has only been one occasion where I believed Judge Berry abused his discretion, but overall, he applies the law well.

Unfortunately, his personality is problematic. He sometimes has good days, where he is patient and kind. But in my experience, he is generally moody and unwilling to listen to litigants and/or their attorneys. He oftentimes comes off as arrogant and smug.

Family law litigants want their voices heard. I believe a Judge should allow their voice to be heard, irrespective of whether it is through counsel or not. Litigants (and their attorneys) do not want to feel like children, even if they may seem to be acting like one. Unfortunately, I have witnessed Judge Berry dress down attorneys and litigants almost every time I have been in his courtroom. No other Judge in the Family Law circuit in San Diego runs their courtroom this way. And for good reason. We are all human after all, and if a person is going through the Family Law system, they are probably experiencing a lot of stress and sadness. I do not believe a Judge should add to that stress or sadness. (This is not a criticism of Judge Berry's rulings - it is a criticism of how he makes people feel in his courtroom).

Judge Berry's temperament has been so extreme that I now refuse to take clients that have cases in his courtroom. And that is unfortunate.

I hope Judge Berry is informed of this posting. He is incredibly smart and he has potential to do some great things in the courtroom. If he can shift his attitude, I would reconsider my decision to not litigate in his courtroom.

Criminal Defense Lawyer

Comment #: CA11944
Rating:1.1

Comments:
Horrible vicious person. He’s stupid too and goes out of his way to make relevant information irrelevant (and he is wrong).he hasn’t be elevated to handle jury trials because everyone hates him. He has no patience and understanding.

Litigant

Comment #: CA11605
Rating:1.0

Comments:
He's very inpatient, rude, late and clearly doesn't like his job

I'm not sure about him being sexist, it sure feels like he hated me before I said a word, he made me feel like my life and situation was not worth anything. He wouldn't even allow me to speak or clarify anything.. He made his decision about me as soon as he saw me. He also allowed someone who sexually assaulted me, and convicted felon, with a pending criminal case, have sole legal and physical custody of my daughter, was granted order while I was in hospital from assaulting me, via unnoticed ex parte hearing.. Rewarding him for hurting me is truly awful.. And it made me feel hopeless & let down..

If he doesn't like his job or the people he deals with.. He should not make everyone else's life miserable. Find a job that he doesn't hate and take out frustrations and bitterness on someone who actually deserves to be held accountable for abusing people. Not sure why the courts even bother being open as they don't follow law, and just make being abused even worse. I'd argue that its not even worth reporting domestic violence or rapes in San Diego because no one cares. Move, run from San Diego, it truly sucks being a woman here..

Litigant

Comment #: CA11600
Rating:9.0

Comments:
I would rate Judge Barry on the top end of the scale. While I was going through my case, I was reading these reviews and getting very nervous. Judge Barry is a thorough, fair to hear both sides, technical person. Of course it makes one nervous to see how he is very open and willing to hear even the person who is in the wrong. But that's his duty to hear both sides and he executes just fine. He does not tolerate people repeating themselves. If you are a woman, do not worry about these reviews that he hates woman. I am a woman too and you need to have faith that he is making decisions based on his years of experience and the vast cases he as seen. He is smart. My advice to the people in his court...have proper courtroom behavior. I've seen people get emotional, lash out, yell back if they received an order that they thought unfair. Remain calm and collected and trust in justice. It will be served. Judge is there to protect your rights. I really had my doubts with him, but I was proven wrong. he is just methodical and wants hard facts.

Other

Comment #: CA11519
Rating:Not Rated
Comments:
I surely wish I had read these reviews on Judge Berry before my court case but unfortunately I'm just now seeing this site and and doing the research on this terrible awful excuse of a judge for family law in San Diego County. My story and my case between my ex and i is terrible and everyone is always in shock of what happened to me. I don't want to reveal too many details for fear that my identity will be revealed and there will be some sort of retaliation towards me. But I can not agree more that judge berry is a sexist woman hater. He ruled that my ex boyfriend (not husband) was to get 50/50 custody although another judge before him had already ruled me as the primary parent with the majority of custody. Family Court services provided me and my ex with a mediation and their recommendation was that I remain the primary parent. My ex went to judge berry and apparently knew that he would get a different result through this judge (which he did ). Judge Berry granted my ex 50/50 custody and three out the mediators recommendation from Family Court services that I was to remain the primary parent. Also there was a question(and still is one) whether or not my ex is the real father and I put in a declaration to set aside the paternity and Judge Berry denied my request! He denied my request to have my ex take a DNA test done although I have asked my ex hundreds of times to take one personally and he refuses to. I informed Judge Berry that I had bought a DNA test and supplied my ex with one and he still has refused to take it. I'm assuming this is only because he knows that he will lose custody if the truth was revealed in court. The fact that Judge Berry would not grant my request as a mother and a woman to know the true paternity and DNA results of my daughter and her possible father is completely insane. As a judge all he should care about is my daughter Knowing the truth! she deserves the right to know! And so do I! He doesn't care about right and wrong, just about protecting the men in court and ruling against the mothers. He obviously hates women I'm guessing he must of had a terrible childhood where his mother treated him poorly. This man has ruined my daughters life and mine. And gave 50-50 custody to a convicted felon who has multiple DUI convictions. My ex who judge Berry granted half custody is also a bartender at a nightclub and he is gone away from my daughter on the nights he has her and does not come home till 4 o'clock in the morning. I am a stay at home mom and able to care for her 24 hours of the day yet Judge Berry thought my daughter was better in a bartenders hands who is never home and comes home drunk. It doesn't matter who you are or what you do or what kind of parent you are - if you are a woman do not have this judge rule in your case if you can help it. Request a new judge! I wish I had I was naïve and I thought that every judge rule fairly. I have learned my lesson. This man is the worst and I fear for our children's future in San Diego.

Other

Comment #: CA10946
Rating:10.0

Comments:
Anyone who says he isn't patient is not accurate. He heard the facts of my case found child's mother a liar and I am now the custdial parent as opposed to child's abusive mother.

Criminal Defense Lawyer

Comment #: CA10914
Rating:2.5

Comments:
Adds to the confusion, impatient, gets lost and won't ask for clarification. Judge Berry is very arrogant, reactive, condescending, and biased. This runs up costs and delays cases. Judge Berry demonstrates poor understanding of family law and frequently has a deer in headlights look. He adds to the problem, rules from his gut, and is allergic. to facts.

Civil Litigation - Private

Comment #: CA10035
Rating:4.8

Comments:
Lot of potential but personality gets in the way.

Litigant

Comment #: CA9943
Rating:10.0

Comments:
It appears that someone has it out for Judge Berry and is religiously leaving bad reviews for him each month. Please take it with a grain of salt. Judge Berry is exceedingly qualified and has a measures and respectful temperament. I have sat in his courtroom countless times and I have seen a wide array of judges, and he is not at all part of the biased against women club. His focus is on the kids.

Other

Comment #: CA9686
Rating:Not Rated
Comments:
Judge Berry should not be a Judge. He is discriminating against woman, don't care about kids, never opened our case and keep pushing our divorce for over 3 years!!!! He is incompetent and unpleasant. He hates women, it may ends up that you will pay spousal support to you ex, even if you a working single mother.
He has to go. Court should be fair to everyone, doesn't matter what sex or nationality you are. He has to go!!!!

Civil Litigation - Private

Comment #: CA9528
Rating:1.0

Comments:
Judge Berry is incompetent, biased, unpleasant, and worst of all knows nothing about family law. He makes an already overburdened and underfunded system worse for litigants and counsel alike.

Civil Litigation - Govt.

Comment #: CA9025
Rating:5.3

Comments:
Poor temperament. Bullies and treats litigants and attorneys poorly across the board. Bullying parties results in attorneys and litigants alike being fearful of fully pressing matters resulting in judgments not based on the facts, but on what gets into the record before Barry decides to be condescending and abusive.

Litigant

Comment #: CA8890
Rating:1.0

Comments:
This judge is definitely biased against women.If you are wealthy you can make him an offer he can't refuse. He doesn't know family law, so your chances of winning on appeal are good. He is pompous, arrogant and rude because he knows he doesn't have a clue about anything family. Why the presiding judge stuck him here is beyond me. Take some classes Berry, 3 years and you still don't know what to do. If you are assigned this judge and you are a woman, file a peremptory challenge IMMEDIATELY.

Other

Comment #: CA8822
Rating:2.0

Comments:
This is MY DIVORCE JUDGE & he is biased against me, a woman. He signed a bogus restraining order against me, based on LIES told to the court by my addict estranged spouse. The judge has no knowledge of Family LAW, which is actually DIVORCE & Child Custody LAW. He messes around with papers, does not know where to sign what, & has clue what is going on in the courtroom. He constantly calls me by my soon to be ex's last name, assuming that ALL WOMEN change their name when WE get married. I do not know why I got stuck with this JUDGE. It is NOT FAIR that one man wields so much POWER over MY life. My lawyer told me he used to be a prosecutor, so the JUDGE knows about criminals, not about divorce. This is what MY TAX DOLLARS PAY FOR. A lousy JUDGE.

Litigant

Comment #: CA8643
Rating:1.0

Comments:
Partial to father's rights despite having proof of disregard for previous court orders that were being ignored by the defendant. (Contempt) Total disregard for recommendation from mediator assigned to the case who did the actual research and interviewing of parties involved. A friend also had this judge assigned to their case and the judge gave full custody to a drug addict father who is now in jail for several years. Does he like a competent judge who looks at facts? Not quite. Not only is the judge the problem, it's the entire system. In the court system, children do not have rights, especially when you are discussing psychological trauma. If there are no signs of physical battery, the court doesn't care. So what do they do? They give incompetent parents custody so the state doesn't get sued by deadbeats and also so they don't waste anymore time on a case than they feel they need to. Who gets screwed over? The children. As another comment stated regarding this judge, he is part of the problem and not the solution.

Criminal Defense Lawyer

Comment #: CA7843
Rating:1.3

Comments:
Judge Berry is part of the problem and not the solution.

Other

Comment #: CA7842
Rating:1.0

Comments:
This feedback is for the Hon. David Berry in Dept. 45 of San Diego Superior Court Family Division. I have the unpleasant experience to deal with Judge Berry for over 20 months. This judge is prejudice, and bias against minority men. He did not read evidence presented to him, instead, he kept stalling and dragging the case until finally the case had to go to trial by default. His inability to be neutral makes it impossible to have a fair chance in his court room to present evidence. He shows an unprecedented preference to lawyers in his court room and a very obvious dislike to those who don't have a lawyer. He rules based on preserving his already damaged reputation vs. facts. Shame on Judge Berry

Litigant

Comment #: CA7283
Rating:10.0

Comments:
Judge Berry is by far the best family law judge in San Diego. He has an extremely patient temperament, educates litigants and attorneys in the law and their rights, and commands respect and decorum. Unlike other judges, he follows meticulous procedure and actually reads case files and pleadings. He cares about children and teens and it shows. He understands children and does not have a negative view of them. He cares about judicial economy but his hands are tied in some cases. He has no tolerance for incompetent or unethical attorneys that violate rules of the court. He is an extremely intelligent academic and takes domestic violence seriously.

Litigant

Comment #: CA6781
Rating:1.0

Comments:
This feedback is for the Hon. David Berry in Dept 45 of San Diego Superior Court Family Division. Judge Berry replaced Judge Rosenstein in Dept 45 effective January 2014, and my attorneys and I have been in his Courtroom on at least 15 separate occasions during this short time. Why so many times? Because he's very new to Family Law, indecisive, and gets lost in the emotional testimony every single time versus paying attention to the facts. Sadly, if you have a borderline litigant who tosses a lot of superfluous details at him, he can turn into a negative advocate and stall the case rather than follow the solutions that the professionals are recommending. He's a wildcard and you should avoid him if you can.